Wednesday, August 23, 2023

Motion for Summary Judgment on Punitive Damages Claims Denied in a Trucking Accident Case

In the case of Capie v. Lobao, No. 3:21-CV-00829-KM (M.D. Pa. Aug. 4, 2023 Mehalchick, M.J.), Federal Magistrate Judge Karoline Mehalchick of the Federal Middle District Court of Pennsylvania denied the Defendant trucking company’s Motion for Summary Judgment on the issue of punitive damages.

According to the Opinion, this case involves a truck driver who allegedly failed to get out and look prior to reversing his tractor trailer on a public roadway and, as a result, allegedly struck the Plaintiff. The Plaintiff had amended the Complaint to add a claim for punitive damages after completing the deposition of the driver.

At the deposition, the driver admitted that his decision to reverse his vehicle while knowing that there could possibly have been a vehicle behind him could be viewed as reckless conduct.

Anyone wishing to review a copy of this decision by Judge Mehalchick may click this LINK.

I send thanks to Attorney Jamie Anzalone and Attorney Kelly Ciravalo for bringing this decision to my attention.

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